Terms of Use

PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS") BECAUSE BY USING THIS WEB SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEB SITE.

Definitions

SERKO Ltd - also known as SERKO.

The Conditions Of Use Of This Site

These Terms shall apply to all users of this web site, and are deemed to be incorporated in all contracts between SERKO and users. If there is any conflict between these Terms and the provisions of another contract between SERKO and you, these Terms will prevail. For the avoidance of any doubt, Serko is offering services “in trade” pursuant to this web site.

Copyright Information

Copyright 2014 SERKO Ltd. All rights reserved.

All reproduction or distribution of any material on this site or any SERKO web site (including, but not limited to, text, photographs, movies, music, computer programs, etc.) or any part of that material ("Material"), is strictly prohibited, unless explicitly stated otherwise.

Trademarks

The SERKO® trade name and logotype and all related product or service names, design marks, logotypes or slogans are the property of SERKO and may not be used in any way without prior written approval from SERKO.

Your Obligations

In using any SERKO web site, you must:

comply with these Terms and the provisions of any other contract between SERKO and you;

ensure that all information you provide us with is current, complete and accurate; and

ensure that any access information we provide to you (for example, user identification details or numbers) is kept secure and not provided to any third party.

Security

SERKO is responsible for the security of all Cardholder Data (meaning the full magnetic stripe or the Primary Account Number plus any of the following; Cardholder name, Expiration date and/or Service Code) you provide that is possessed or otherwise stored, processed or transmitted by SERKO on behalf of you. SERKO is responsible for maintaining PCI DSS version 3.1 standards for its Serko Online product in relation to any interaction it has with your cardholder data environment.

Privacy Policy

In using a SERKO web site or SERKO products and services, you may be required to provide SERKO with certain information about the person for whom the booking is made ("Traveller"), which may include the Traveller's name, address, credit card details and travel preferences (including seating, food, airline, hotel and vehicle details) ("Personal Information"). Where Personal Information is provided to SERKO, the following terms apply:

Collecting Information

If you provide us with Personal Information on behalf of a Traveller, you must have the Traveller's consent to do so.

If you do not provide SERKO with the information that is requested, SERKO may be unable to provide certain travel products or services to or for the relevant Traveller,

Passing on Information

You agree that SERKO may transfer information (including Personal Information) to third parties where that will assist SERKO in providing its products and services to you, where a booking is to be made direct with a third party, or as required by law.

Use of Information

All Personal Information you provide is securely held by SERKO in accordance with its internal confidentiality and information security policies and procedures. Such information will be used for travel and other travel-related purposes, such as:

developing group and individual Traveller profiles on the basis of the information entered by you;

collating information and presenting this to you in the form of reports summarising variables such as expenditure, destination, duration of travel, preferred travel suppliers etc; and

providing updates in relation to specials, new products, new or varied terms of use and any other information we consider to be of interest.

Traveller's Rights

A Traveller may access and amend his or her Personal Information held by SERKO by contacting SERKO on the contact details below or by amending his or her profile.

Hyperlinks to External Web Sites

Where we provide a link to an external web site, you may use that web site in accordance with the terms of use applicable to that web site. SERKO does not assume any responsibility whatsoever for the content or functionality of external web sites which are not operated or controlled by SERKO and we do not endorse the content of such web sites.

Limitation of Liability

The material on, and information contained on, or accessible through any SERKO web site, may contain technical errors or typing inaccuracies or other types of errors or inaccuracies. SERKO assumes no responsibility whatsoever for any such errors or inaccuracies. SERKO explicitly disclaims any warranty that any SERKO web site will be secure, private, available continuously, or error free, or that any information, software or other material contained on, or accessible through, any SERKO web site is free of computer viruses or other harmful components.

The material and information on all SERKO web sites are provided for general informational purposes. SERKO makes no warranties of any kind, either express or implied, including, but not limited to, warranties of completeness, accuracy, correctness, title, non-infringement or implied warranties of merchantability or fitness for a particular purpose in relation to this material and information. SERKO shall not be liable for the consequence of any action(s) you may take on the basis of the information contained on, or accessible through, any SERKO web site.

SERKO is not liable to you for any loss or damage, however caused, which may be directly or indirectly suffered, in connection with use of any the information contained on, or accessible through, any SERKO web site.

Further, SERKO shall not be liable to you for any consequential, incidental, indirect or special damage or loss of any kind, nor is SERKO liable for any damage or loss caused by your servants agents buyers or any other persons howsoever, even if there is negligence by SERKO, or if SERKO has been advised of the possibility of such damages, or both.

The total liability of SERKO whether in contract tort or otherwise for any loss, damage, cost, expenses or injury under whatever causes of action, and whether in contract, tort or otherwise, shall not exceed the amount paid by you, if any, for accessing any SERKO web site.

Consumer Guarantees Act

If you are a consumer under the Consumer Guarantees Act 1993 (“the Act”) Act, and you are not accessing the SERKO web site for business purposes, then nothing in these terms will affect your rights under the Act, and in particular, the Limitation of Liability section (above), will not apply..

Suspension and Termination

SERKO reserves the right to investigate any violation of these terms or any misuse of this web site, and to suspend your access to this web site, without notice to you, if you breach, or authorise, encourage, promote, facilitate or instruct others to breach, these terms. If, in SERKO’s sole discretion, SERKO determines that the breach can be remedied and that it is unnecessary to suspend your access to this web site pending remediation of the breach, SERKO may notify you to rectify the breach within the time period that SERKO specifies, and if the breach is not remedied within such time period, SERKO reserves the right to suspend your access to this web site.

SERKO also reserves the right to suspend access to this web site if this web site is threatened or impaired in whole or in part, and to modify, remove, block or disable access to any materials available on or through this web site that breaches these terms or any other agreement between you and SERKO for use of this web site.

If SERKO suspends your access to this web site and the reason for suspension is not corrected by you within 7 days, SERKO may terminate your access to this web site, in which case SERKO reserves the right to levy a reasonable fee against you for any costs incurred by SERKO arising from such suspension or termination.

Applicable Laws

SERKO makes no representation that the Material is appropriate or available for use in other locations, or accessible from territories where the content is illegal or prohibited. Those who choose to access SERKO's web sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Materials shall be governed by the laws of New Zealand and you accept the exclusive jurisdiction of the New Zealand courts.

Severability

If any part of these Terms is held unenforceable by a court of competent jurisdiction, the remaining parts of these Terms will remain in full force and effect.

General

SERKO may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certainprovisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site or in any other contracts between SERKO and you.

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS ("APPTERMS"). BECAUSE BY INSTALLING THIS APPLICATION (AS DEFINED BELOW) AND / OR ACCEPTANCE, YOU AGREE TO BE BOUND BY THESE APPTERMS. IF YOU DO NOT AGREE TO THESE APPTERMS, PLEASE DO NOT DOWNLOAD, INSTALL OR USE THIS APPLICATION.

DEFINITIONS

The Application - means the software provided by SERKO to offer services related to SERKO, SERKO’s services and its partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.

SERKO Ltd – also known as SERKO.

SERKO Online

The Application allows you to access certain functionality available through the SERKO Online Booking Tool. Such access will be governed by the SERKO Online Terms of Use: www.serko.com/terms-of-use/. In the case of any inconsistency, these app terms apply.

DATA PROTECTION

Any personal information you supply to SERKO when using the Application will be used by SERKO in accordance with its Privacy Policy described in www.serko.com/terms-of-use/

CONDITIONS OF USE

These appterms apply to all users of this Application, and are deemed to be incorporated in all contracts between SERKO and users. If there is any conflict between these appterms and the provisions of another contract between SERKO and you, these appterms will prevail.

You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.

Free Application - The Application is currently made available to you free of charge, with limited functionality, for your personal, non-commercial use. SERKO reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these appterms, at any time and for any reason.

Upgraded Application – You may upgrade the Application in accordance with the prevailing terms and pricing offered at the time of upgrade.

You acknowledge that you may incur third party charges depending on the payment protocol which you select to pay for your subscription (eg, iTunes or Google). Third party charges may also include credit card merchant charges.

You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application. If you select to upgrade the Application, you will also be assumed to have permission to upgrade under your internal travel/expense policy.

SERVICE / AVAILABILITY

This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. SERKO will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside SERKO’s reasonable control.

SERKO does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

The Application may enable access third party services and web sites. Use of these services may require internet access and you accept any such third party terms of service and additional charges which may result from this access / use of third party services.

SERKO will not be responsible for any first line support for the Application.

SYSTEM REQUIREMENTS

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications, as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English.

The version of the Application software may be upgraded from time to time to add support for new functions and services.

PROPRIETARY RIGHTS AND LICENCE

All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by SERKO, or licensed from third parties as disclosed in Appendix A.

SERKO hereby grants you a worldwide, non-exclusive, non-transferrable, royalty-free revocable licence to use the Application for your business and personal use in accordance with these appterms.

TERMINATION

SERKO may terminate use of the Application at any time by giving notice of termination to you. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Application and destroy all copies, full or partial, of the Application.

LIMITATION OF LIABILITY

SERKO shall not be liable for the consequence of any action(s) you may take on the basis of the information contained on, or accessible through, this Application.

SERKO is not liable to you for any loss or damage, however caused, which may be directly or indirectly suffered, in connection with use of any the information contained on, or accessible through, this Application. Further, SERKO shall not be liable to you for any consequential, incidental, indirect or special damage or loss of any kind, nor is SERKO liable for any damage or loss caused by your servants agents buyers or any other persons howsoever, even if there is negligence by SERKO, or if SERKO has been advised of the possibility of such damages, or both.

The total liability of SERKO whether in contract tort or otherwise for any loss, damage, cost, expenses or injury under whatever causes of action, and whether in contract, tort or otherwise, shall not exceed the amount paid by you, if any, for accessing this Application. SERKO is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

CONSUMER GUARANTEES ACT

If you are a consumer under the Consumer Guarantees Act 1993 Act, and you are not using the Application for business purposes, then nothing in these terms will affect your rights under this Act, and in particular, the Limitation of Liability section (above), will not apply.

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, SERKO hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.

APPLICABLE LAWS

SERKO makes no representation that the Application is appropriate or available for use in other locations, or accessible from territories where the content is illegal or prohibited. Those who choose to use the Application from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Application shall be governed by the laws of New Zealand and you accept the exclusive jurisdiction of the New Zealand courts in this regard.